MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: October 4, 2005
Date of Transcription: October 5, 2005
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Sauvageau called the meeting to order at 7:10 P.M.
A. Roll Call
Selectmen Present: Bruce Sauvageau, Chairman
Mary Jane Pillsbury, Clerk
Renee Fernandes-Abbott
Cindy Parola
Brenda Eckstrom
Present: Michael Hartman, Town Administrator
II. STATE REPRESENTATIVE SUSAN WILLIAMS-GIFFORD - BDOD UPDATE
Ms. Williams-Gifford stated that there are two bills re: the BDOD. She stated one is in the House & one is in the Senate & they are identical bills. She stated on 5/12/05, the Senate bill was set for a hearing, but due to electronic filing difficulties, the bill was not heard, thus the House bill was not heard at the same time as the Senate. She stated there would be another hearing on the House bill soon.
Ms. Williams-Gifford stated that the House is under new leadership & there are new committee organizations. She stated the bill is currently in the Community & Small Business Joint Committee & this committee has not reported out any bills to date. She estimated that this bill as well as the Senate Bill would be in Executive Session before the end of the month. She stated that she doesn’t know if this disposition will be favorable. She discussed what could happen in Executive Session as follows:
1. Report is favorable.
2. The report is unfavorable.
3. The report is forwarded for study.
4. No action.
Ms. Williams-Gifford stated she is doubtful there will be any more progress on this bill this session. She stated there are a number of influential groups opposed to this type of legislation. She discussed why, if this bill passes, how it will open up the gates for communities to impose, for example, a transfer tax. She stated this tax is viewed unfavorably by the Massachusetts Realtors Association. She discussed the Town of Winchester proposing the same type of legislation that at this time has ended up going nowhere for years. She stated this type of legislation would require a roll call vote of the House.
Ms. Williams-Gifford stated that pursuing another avenue might be an option to move this matter forward. She stated this bill was originally filed in 2003 & re-filed in 12/04 at which time the opposing groups came forward re: this legislation. Discussion ensued.
Chairman Sauvageau stated the Board has constructed a development agreement incorporating the tax/fee. He asked how this process ends legislatively. Ms. Williams-Gifford stated if the committee gives a favorable report, legislation will have to be passed & she does not know when this would get to the floor for debate.
Ms. Williams-Gifford stated that the Board could do the following:
1. Allow current legislation to stay where it is.
2. Take a vote to have her withdraw the legislation.
The Administrator suggested the Board wait until the Legislature makes a decision & let this bill run its course.
Chairman Sauvageau asked Ms. Williams-Gifford for updates on other legislation pending. Ms. Williams-Gifford stated she sent a letter to the Board & the Administrator re: language changes in a liquor license bill. She stated this is easy to rectify & discussed. She stated the Board would have to vote to approve the language, certified by the Town Clerk, send it to the State Clerk, then go to committee, & then finalized. She stated the intention of this liquor license legislation refers to the five additional liquor licenses (to be drunk on premises) requested. She stated due to changes when multiple licenses are requested, specific locations must be designated, such as a mall. She stated that the language was obtained from the state clerk, thus a specific geographic area must be
designated.
Ms. Williams-Gifford stated that w/ re: to Chapter 40B, she is seeing hearings being scheduled by the House committee, but none of the 40B legislation has been scheduled for hearing dates. She stated if nothing is done by 11/16/05, a comprehensive housing reform bill might be discussed. She stated there are many legislative actions being looked at to change Chapter 40B.
Ms. Williams-Gifford discussed mobile homes & suggested striking mobile homes from 40B that would reduce the Town’s housing stock. Selectman Parola stated that there has never been a definition of manufactured housing as a structure. The Administrator discussed that manufactured homes contribute 16% of the Town’s housing stock, but they are not taxed & they are included in the Town’s housing stock calculations. Ms. Williams-Gifford stated there might be changes in terms of manufactured housing, which she will look into.
NOTE: The meeting proceeded w/ item VI. Licenses & Permits.
A. Hearing – Re-open from 9/13/05 – Application of Tae-Tae’s Market, Inc., Tae Kellenberger, Manager, 146 Onset Ave. Onset for a Seasonal Retail Package Goods Wines & Malt Beverages License, under the provisions of MGL c. 138.
MOTION: Selectman Parola moved to re-open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Present before the Board: Linda Champion, Attorney for Tae-Tae’s
Diana Silva, Attorney for Tae-Tae’s
Ms. Silva stated that she has received the correspondence from Chief Joyce. She stated that it was her understanding at the last meeting, that the document in question (Chief Joyce’s memorandum re: parking) would be provided to her office w/out her requesting it. She stated this wasn’t what happened. She stated she finally contacted Richard Bowen, Town Counsel who had understood that the remand notice was sent to her office. She stated ultimately, Mr. Bowen faxed the correspondence to her office. She expressed frustration re: only having two and a half days to prepare due to the lack of notice.
Chairman Sauvageau apologized for any inconveniences. He stated when he realized that correspondence hadn’t been sent, he took responsibility w/ re: to the notice of the hearing.
Ms. Silva spoke re: records law & stated that records were not provided in the ten-day timeframe. She stated a formal letter from the Board was produced on Saturday morning, thus the specific date & time was not given until Saturday re: the hearing schedule. Chairman Sauvageau apologized again for the confusion & delay in notification.
Present before the Board: Chief Thomas Joyce, Wareham Police Dept.
Chairman Sauvageau stated that Chief Joyce’s correspondence identified traffic & parking issues in the area of Tae-Tae’s Market & pictures produced w/ this correspondence showed Tae-Tae’s Market.
Chief Joyce stated that he was appalled at the previous comments by Chairman Sauvageau made at the last meeting. Chairman Sauvageau stated he would be happy to discuss this matter later w/ Chief Joyce.
Chief Joyce stated the correspondence report had nothing to w/ Tae-Tae’s Market & the correspondence was related to issues un-related to Tae-Tae’s hearing. He stated he had received a letter from the Board asking for input for the hearing, but nothing was sent. He stated after, the Administrator told him that this hearing was remanded back to the Board. He stated he had no other knowledge of this hearing. He added he did tell the Administrator he was not in favor of another package store in this area due to trouble w/ substance abuse in the area as well as the proximity to beaches & boats. He stated historically there were problems w/ alcohol in this area. He stated on 8/23/05 he forwarded the parking issue to the Administrator. He stated the Onset Fire & Water Dept as
well as residents brought this matter to his attention.
Chief Joyce stated part of the problem w/ parking in front of Tae-Tae’s Market is that it is not a legitimate parking space due to it not being a proper length but because the parking is in front of a business, he forwarded the matter to the Board to discuss. He discussed why it is not a legal parking area. He again stated he was unaware of the hearing being moved to another date.
Chief Joyce stated the parking issues will continue to be a problem in this area & any restrictions made on parking in front of Tae-Tae’s will need to be monitored. Ms. Silvia spoke re: restricting parking on the other side of street across from Tae-Tae’s Market. He added that only two pictures he had submitted show Tae-Tae’s Market & their business sign & showing Tae-Tae’s Market in the pictures was not the sole intent. He had asked an officer to take pictures of narrowness of roads near Sycamore St. He stated along the south side of the street there are several apartment buildings, not just Tae-Tae’s building.
Chief Joyce again stated when he sent the letter on 8/23/05 he had no knowledge of Tae-Tae’s hearing schedule. He stated there was no coincidental nature re: this matter & the letter being sent prior to the hearing.
Ms. Silva discussed Chief Joyce’s comments re: substance abuse in the area & the proximity of Tae-Tae’s Market near beaches & boats. She asked if there are other areas in Onset w/ these types of problems. Chief Joyce responded “yes.”
Ms. Champion quoted the Board’s letter to Chief Joyce dated 8/2/05 which spoke of the Board’s denial of Tae-Tae’s application. She asked Chief Joyce if this prompted the memorandum of 8/23/05 that he submitted to the Board. Chief Joyce responded “no.” Ms. Champion asked Chief Joyce if he would have produced this memorandum even w/out knowledge of the application. Chief Joyce responded “yes.” Ms. Champion asked Chief Joyce what prompted his memorandum to the Board. Chief Joyce stated that he had been contacted w/ complaints from the Onset Fire & Water Dept. & citizens. He added that he also has personal knowledge of this area.
Ms. Champion stated that she requested all correspondence dating back to the year 2000 w/ re: to memorandums written by Chief Joyce’s office which specifically state who filed, the intention, reason a party was identified as making complaint, etc., but the Chief’s memorandum sent to the Administrator dated 8/23/05 states nothing indicating someone other than the Board warranted this memo. She stated a memorandum was received on 8/2 & two weeks later a memorandum was sent to the Board re: parking. Chief Joyce stated he did not respond to the Board’s request re: the hearing or any other issues. He stated in the past, he has worked w/ businesses, conducting surveys, etc. re: parking issues. He stated that 14 businesses in Onset Village were approached prior re:
parking issues. He stated that he did not speak to Tae-Tae’s at that time re: parking. He stated there had been a survey conducted in concert w/ the OBA re: parking in Onset Village as a whole. He again stated he was not involved to this point w/ Tae-Tae’s hearing issues. He stated he received the Board’s memo asking about any issues w/ Tae-Tae’s Market when the application first came forward, but he had no issues & had no discussion to offer.
Chief Joyce stated trying to compare parking w/ other areas just could not be done. He stated that there is a historic problem w/ parking in the area of Tae-Tae’s Market & it is not new to this establishment.
Ms. Silva asked Chief Joyce if he ever measured in front of Tae-Tae’s market. Chief Joyce responded that he could not recall. Ms. Silva stated that he could not recall if he measured the area, but there are several references to measurements of the area in the 8/3/05 memorandum. She stated whoever measured didn’t utilize the proper measuring tool & one of the owners of Tae-Tae’s Market building had to be asked for a tape measure.
Ms. Silva stated the basis for the application is 300 residents are in favor of the application due to the convenience of the walking distance. She stated even if there is a parking restriction, they are looking to serve residents who walk.
Ms. Silva discussed the definition of “red herring” & feels this parking restriction is a “red herring.” She again stated they are looking to serve walkers. She stated substance abuse is not unique to this area.
Chief Joyce stated he was not the person who measured the area because he didn’t ask for help w/ a tape measure, but it must have been Lt. Wallace. Ms. Silva discussed who stated the instance where the tape measure was used.
Chief Joyce spoke re: the first & second paragraph w/in the 8/3/05 correspondence. Chairman Sauvageau stated he previously took issue w/ the timing of the Chief’s report. He apologized if any inferences were made against the Chief’s intentions. He again stated he had objected to the timing of this correspondence w/ re: to the hearing. Chief Joyce stated he had no control over when the hearing was to be held.
Selectman Eckstrom stated when Tae-Tae’s application hearing was first discussed in 4/05, the Board obtained information from various depts. She asked why parking was not a concern at that time. Chief Joyce stated he didn’t receive anything about this.
Selectman Eckstrom stated that an establishment named TUGS came up for an application also (which is located in the same area as Tae-Tae’s) & no comments were made re: parking or traffic for this application. Chief Joyce stated he addressed the traffic issues in this area earlier this year. He stated this issue is something that is ongoing w/ respect to complaints. He stated w/ re: to TUGS, there is no parking on this side of the street from Grove St. to St. Mary’s Church, although there is parking across the street & this business has off-street parking & there is a parking area next to it.
Selectman Pillsbury feels the business of a parking space (in front of Tae-Tae’s Market) being suspect has gotten out-of-hand. She stated this parking issue was introduced to Tae-Tae’s because she felt they should know there might be one less parking space. She stated parking is what it is in Onset & the Board has an obligation to listen to public safety officials in that regard. She again stated she feels this parking issue has gotten out-of-hand. Chairman Sauvageau stated he understands Selectman Pillsbury’s opinion, but there is still the issue re: the timing of the correspondence. Selectman Pillsbury feels the timing of the correspondence was unfortunate, but not intentional.
Selectman Pillsbury stated Chief Joyce has offered other reasons why he is concerned w/ this application, other than parking. Chief Joyce discussed the number of incidents involving substance abuse, namely alcohol, which occur w/in one block of Tae-Tae’s. He stated Tae-Tae’s is in close proximity to waterways, beaches, & boats that could result in water related accidents.
Chairman Sauvageau stated that this application is for a seasonal beer & wine license w/in a convenience store. He asked Chief Joyce if he is aware that this application is not for a package store.
Present before the Board: Chief Howard Anderson, Onset Fire Dept.
Chief Anderson stated this area of roadway is a concern re: traffic. He stated this is nothing new. He stated the Fire Dept. has responded to multiple vehicle accidents in this area, some of which are very serious. He added that engineers recently in conjunction w/ a 40B project measured this area.
Chief Anderson stated there is a problem getting apparatus down through this area & there are problems w/ auto crossing over a solid double line. He reiterated that there is a serious public safety issue in this area.
Ms. Silva asked Chief Anderson how many of the accidents were attributed to speed. Chief Anderson acknowledged speed is a factor, but not the only factor & discussed. He discussed the corner on the roadway & drivers crossing over the solid double line.
Ms. Silva spoke re: Chief Joyce’s references to high instances of substance abuse in this area. She spoke re: a case; IMTMB vs. Town of Westborough in which the court agreed w/ the ABCC that the concept of substance abuse should not be attributed to an application.
Ms. Silva stated that at the Board’s 7/19 meeting, there were two applications. One was for the Harbor Watch Inn re: an expansion. She stated that a brief discussion was held re: additional parking. She stated this establishment is 100ft away from Tae-Tae’s, so if there is a parking problem there, it is there. She stated that the TUGS application was also heard, but no questions were raised re: parking. She expressed concern re: the Board’s policy not being applied consistently across the board, such as these two applications.
Ms. Champion stated at the 9/13 hearing, Selectman Pillsbury raised the matter of the parking issue. She doesn’t understand why Selectman Pillsbury wants to end the discussion of the parking matter when she brought it forward as evidence.
Ms. Champion stated the basis for the denial, sent by the Board to the ABCC, was based on the proximity to houses of worship. She stated now other issues keep arising. She asked why this Board keeps trying to look for reasons to deny the application.
Selectman Pillsbury said she took issue w/Ms. Champion’s interpretation of her remarks regarding parking. She stated she thinks parking and public safety are big issues. What she took issue with was the fact that parking was being discussed, rather a conspiracy theory had dominated the discussion. Selectman Pillsbury stated she takes issue w/ the time spent on Chief Joyce’s memorandum as if it or he is suspect. She stated the basis for denial sent to the ABCC was poorly written, but it was not the crux of the matter.
Selectman Parola stated after reviewing the application & information for some time, she cannot figure out how Tae-Tae’s can offer liquor w/out a back stock. She questioned where various items are located. Ms. Silva stated the location of products change as needs change. Ms. Champion discussed deliveries by suppliers. She stated at this time, there is not a need for weekly deliveries from vendors. She discussed modifications to be made if the license is granted. She stated they are keeping deliveries to every other week or one time per month. Discussion ensued re: the possibility of having this as a condition if approved.
MOTION: Selectman Parola moved to close the hearing. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
Selectman Fernandes-Abbott stated she is still not convinced of the public need, but she heard what the public wanted. She stated she will vote to grant the application, but she still has several concerns. She asked Tae-Tae’s to be mindful of their neighbors. She stated that the traffic/parking problems will not go away & asked that they pay attention to the positioning of alcohol w/in the store.
Selectman Eckstrom agreed w/ Selectman Fernandes-Abbott re: the want factor, but she feels there is a need due to another establishment in the village looking to expand their cooler area.
Selectman Parola stated if this license were granted she would recommend as a condition of the license that it remain in the Onset Village I District instead of the entire Town. She cautioned Tae-Tae’s against becoming a liquor store, selling some grocery items. She stated that Tae-Tae’s is depicting a local grocery market. She feels they need to maintain a range of products as stated on their plan. She stated she did not see a range of products as was told there would be. She also reminded them of the Board’s policy re: TIPS training.
Selectman Pillsbury stated she does not believe there is a need, although the petition showed a want. She stated there were people speaking against the application as well at the original hearing. She does not feel a petition proves public want. She stated if a petition were circulated to not have a liquor store, 300 signatures could be gathered. People sign because you ask them to. She stated the Town has more liquor licenses per capita than any other town in the Commonwealth. She expressed concern with liquor sold in a convenience store. She stated holding a liquor license needs a lot of attention. She stated there would be a lot of temptation to turn into a liquor store. She also expressed concern re: deliveries. She stated that problems already exist w/ alcohol on
beaches and this store would worsen the condition. She stated this matter has nothing to do w/ the house of worship in the area or w/ the suitability of the candidate. She feels the Town has more liquor licenses than it should have.
Chairman Sauvageau stated the Board spent a lot of time, effort, & legal expense on this application. He stated although there is not written policy re: issues that arose, this application will prompt a forthcoming policy. He doesn’t feel there are any grounds for denial based on policy. Selectman Pillsbury stated that the reasons she just laid out have nothing to do w/ written or non-written policy, but w/ serious concerns that are sound and that a policy is not the issue.
MOTION: Selectman Fernandes-Abbott moved & Selectman Parola seconded to approve the application of Tae-Tae’s Market, Inc., Tae Kellenberger, Manager, 146 Onset Ave., Onset for a Seasonal Retail Package Goods Wine & Malt Beverages License, under the provisions of MGL c.138 w/ the following conditions:
1. The license shall remain in Onset Village I District;
2. License holder will consult the Police Dept. and Onset Fire Dept. on the best times for scheduling deliveries.
3. Products for children will be located at the furthest point away from alcohol products;
4. Staff to be present on premises at all times;
5. There shall be no self service of malt products;
6. Possible location of beer cooler behind cashier;
7. Wine shall be sold w/in 6 ft. of register & w/in direct view of the register;
8. TIPS training shall be conducted before the next license renewal period.
VOTE: (4-1-0)
Selectman Pillsbury opposed
B. Application for a Transporter Business Permit by Sheila Quinn Schneider d/b/a SS Limousine Services, 9 First Ave, Wareham, under the provisions of Chapter 40 § 22 & the Board of Selectmen Policy #88-18.
Present before the Board: Sheila Quinn Schneider
Michael Schneider
Ms. Schneider stated she would like to start a limo service, but has never been in this line of business before. She stated storage of the limo will be in her driveway & be covered. She stated two people will be operating the limo, but she will be the primary operator & holder of the license. She briefly discussed her fee structure & the limo. The limo is not the “stretch” type.
Selectman Pillsbury stated there has been no correspondence from the Police Dept. re: this application. The Administrator stated that they did not respond & it is not required.
Ms. Schneider stated that she can fit two cars and the limo in her driveway & she will drive out of state as well.
C. MOTION: Selectman Pillsbury moved the Board approve the application of Sheila Quinn Schneider d/b/a SS Limousine Services, 9 First Ave, Wareham for a Transporter Business Permit, under the provisions of Chapter 40 § 22 & the Board of Selectmen Policy #88-18. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
III. CITIZENS PARTICIPATION
(NONE)
IV. CONSENT AGENDA
A. Authorization to sign bills, documents, etc.
MOTION: Selectman Pillsbury moved the Board approve Application #35 from Methuen Construction Co., Inc. in the amount of $475,893.60 re: Wareham Water Pollution Control Facility upgrade. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80210458/1 from Camp, Dresser & McKee in the amount of $4,637.27 re: engineering general services during sewer construction in the Rose Point area. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80210621/5 from Camp, Dresser & McKee for $12,940.31 re: engineering services to perform a Phase I Infiltration/Inflow program for the Town of Wareham. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80210462/52 from Camp, Dresser & McKee in the amount of $35,097.58 re: engineering services to provide construction & O&M services for the Wareham WPCF upgrade project basic services portion of bidding. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80210461/37 from Camp, Dresser & McKee in the amount of $16,092.28 re: engineering services to provide construction & O&M services for the Wareham WPCF upgrade resident project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve & authorize the Chair to sign pay estimate #10 – semi final from Celco Construction Corporation in the amount of $406,695.69 re: Weweantic Shores sewer project. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
B. Approve minutes of previous meetings: 7/19/05.
MOTION: Selectman Pillsbury moved the Board approve the Regular Session meeting minutes of 7/19/05. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
NOTE: Selectman Eckstrom asked re: the 8/2/05 minutes. Selectman Pillsbury believes those minutes were approved previously, but she will look into this matter.
C. Appointments: Community Development Advisory Board, Housing Partnership Advisory Board, Wareham Historical Commission & the Sewer Betterment Abatement Review Committee.
MOTION: Selectman Pillsbury moved the Board appoint Mary Louise Payton as a member to the Community Development Advisory Board to a term to expire 6/30/08. Selectman Fernandes-Abbott seconded for discussion.
NOTE: Selectman Fernandes-Abbott stated Ms. Payton was interviewed for the appointment and then she subsequently announce that she would be moving. She is now staying & she will be taking over the position of OBA president.
Selectman Pillsbury w/drew her motion.
Selectman Fernandes-Abbott clarified that Ms. Payton still wishes to serve on this committee. Selectman Pillsbury w/drew her withdrawal.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board appoint William H. Lockwood as a member to the Housing Partnership Advisory Board to a term to expire 6/30/07. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board appoint Andrew W. Griffith as a member to the Historical Commission to a term to expire 6/30/07. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board appoint Richard W. Post, Jr. as a member to the Sewer Betterment Abatement Review Committee to a term to expire 6/30/06. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: The meeting proceeded w/ item VIII. Business – A. Zoning By-Law Rewrite Committee – Special Town Meeting Warrant Articles.
Present before the Board: Anthi Frangiadis, Chairman
Ms. Frangiadis requested the withdrawal of the zoning articles due to not meeting statutory requirements. She stated as terms of the Planning Board requirement state a public hearing is required on all zoning articles & at this point, this hearing would have to be held on 10/24/05 an hour before Town Meeting. She doesn’t feel this is enough time for Town Meeting voters to review.
Discussion ensued re: if this withdrawal would include Article 11. The Administrator stated he understands this was reported out & accepted by the West Wareham Strategic Planning Committee. He stated it was given to Town Counsel & was told that provided the Planning Board holds a public hearing, it can stay in the Warrant.
Selectman Fernandes-Abbott expressed concern re: a public hearing being held one hour prior to Town Meeting which doesn’t give enough notice to make comments prior to Town Meeting. Selectman Pillsbury stated she understands, but she feels some of these articles are “housekeeping” articles, which do not involve the same issues as larger articles. Discussion ensued.
Discussion ensued re: which articles may be “housekeeping” articles.
Selectman Pillsbury discussed article #8 which involves the BDOD & if article #2 is a zoning article. The Administrator stated article 2 is not a zoning article. Selectman Pillsbury feels article #8 is an important article, done properly & should be kept on the Warrant to move it forward. Chairman Sauvageau agreed & briefly discussed the intent of the article.
Ms. Frangiadis stated that she could confidently speak to all articles on this Warrant if needed. She stated the committee has full intentions of bringing these articles to another Town Meeting at some point.
Chairman Sauvageau discussed the BDOD article & meeting statutory regulations. Selectman Pillsbury stated that the BDOD has been before Town Meeting prior & this article is doing Town Meeting’s will. She stated nothing is being taken away w/ re: to this article. She feels holding a Planning Board public hearing prior to Town Meeting is not a big issue w/ re: to the BDOD article vs. the TDR article. She stated the planning board has often held hearings right before town meeting.
Selectman Fernandes-Abbott expressed concern re: the public hearing process. She feels all articles on the Special Town Meeting Warrant are important, and we should scrap the whole Warrant & bring it back at a special town meeting in November. Chairman Sauvageau acknowledged procedural problems, but feels the BDOD article should not be part of these problems. Selectman Pillsbury stated that the Board has the right to review the Special Town Meeting Warrant, but suggested keeping some of the “housekeeping” articles. She also urged the other Board members to consider keeping the BDOD article on this Warrant. Discussion cont’d.
Brief discussion ensued re: the arrangement of articles. Discussion ensued re: if the West Wareham Strategic Planning articles should be taken off the Warrant & identifying these articles.
MOTION: Selectman Pillsbury moved the Board close the 2005 Fall Special Town Meeting Warrant to include the following articles: #1, #2, #4, #8, #11, #12, & #14. Selectman Eckstrom seconded.
VOTE: (3-2-0)
Selectmen Parola & Fernandes Abbott opposed
V. TOWN ADMINISTRATOR’S REPORT
1. Briarwood Sewer Project. Asked the Board to approve the attached Notice of Decision and Intention to Make an Assessment for the Cost of Laying Sewer Lines in the Town of Wareham for the Briarwood Sewer project. Once the Board executes the document, it will be recorded at the Plymouth County Registry of Deeds.
The ways are: Adams St., Briarwood Dr., Carter Ave., Eisenhower Ave., Fairfield Dr., Filmore St., Harding Ave., Lincoln Highway, Madison St., McKinley St., Monroe Parkway, Taft St., Washington Dr., Wilson St., & Roosevelt St.
MOTION: Selectman Pillsbury moved the Board approve the Notice of Decision and Intention to Make an Assessment for the Cost of Laying Sewer Lines in the Town of Wareham for the Briarwood Sewer project. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
Selectman Sauvageau asked re: bids for this project. The Administrator stated that the bids are in, but DEP won’t allow them to be reported as of yet.
VI. LICENSES & PERMITS
(DONE)
NOTE: The meeting proceeded w/ item VIII. Business
A. Done.
B. Resident of Wareham petition article.
No one was present to represent the article.
C. Easement to Wicket’s Island petition article.
MOTION: Selectman Pillsbury moved to go beyond the hour of 10:00 P.M. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
Present before the Board: Amy Kessel, BRT Realty Trust
Dan Bergstrom, BRT Realty Trust
Bill Madden, GAF Engineering
Mr. Madden stated the purpose of this article is to bring utilities over to the island via Eagles Way w/ directional drilling. He stated this would entail going under Town property identified as Lot 1006. He stated an easement is being requested to go under the beach & under the floor of Onset Bay to the center of the island. He stated no structures will be installed & all utilities will be underground. He added that all utilities would be w/in a 16-inch conduit.
Mr. Madden stated that other pending permits are as follows:
1. Waterways license.
2. MEPA environmental form.
3. Conservation Commission approval.
Mr. Madden stated once these permits are in hand, they can move forward. He briefly discussed the process from this point.
Selectman Eckstrom stated that when BRT Realty went before zoning, the project was sold as being self-sufficient, but now it is changing. Mr. Madden stated utility systems tied into municipal are most secure & reliable. He stated provisions would be made for a Title V septic system & water. He added that the project still consists of a single family home.
Mr. Madden discussed water main usage & how it would be inefficient, but if it is used it would be upgraded & repaving done.
Mr. Madden stated once the project is completed the tax revenue estimate is approx. $29,000 to $48,000 per year. He stated there would be no need for fire or police services & there will be no children, thus no impact on the community w/ re: to services. He stated w/ re: to fire services, BRT Realty had to waive its right to fire services.
Brief discussion ensued re: the conduit & that it will be 14 ft. under the existing ground surface.
Selectman Pillsbury asked what agency this applicant would go before to deal w/ shellfish disturbances. The Administrator stated this will be part of the environmental review.
Selectman Eckstrom stated the attorney who is not a Wareham resident submitted the petition article. She feels this should be changed. The Board members concurred.
MOTION: Selectman Parola moved Favorable Action on Article 25 of the Fall Town Meeting Warrant as written. Selectman Fernandes-Abbott seconded.
VOTE: (4-1-0)
Selectman Eckstrom opposed
D. West Wareham Strategic Planning Committee – Warrant article.
(Done)
E. Close Special Town Meeting Warrant.
(Done)
F. Any other business.
A. Policy #2-10.
MOTION: Selectman Parola moved the Board amend policy #2-10 dated 10/1/02 (as read into the record) & amend the policy to include the four seasonal beer & malt off premises licenses to read seasonal & year-round. Selectman Pillsbury seconded for discussion.
NOTE: Discussion ensued.
VOTE: Unanimous (5-0-0)
IX. SELECTMEN’S REPORTS
(NONE)
X. ADJOURNMENT
MOTION: Selectman Pillsbury moved at 10:20 P.M. to enter into Executive Session for the purpose of discussing collective bargaining. Selectman Parola seconded.
POLLED VOTE: Selectman Pillsbury – Yes
Selectman Parola – Yes
Selectman Fernandes-Abbott – Yes
Selectman Sauvageau – Yes
Selectman Eckstrom – Yes
VOTE: Unanimous (5-0-0)
Transcribed and respectfully submitted,
Kelly Barrasso
Kelly Barrasso
The aforementioned minutes were submitted & approved by the Board of Selectmen/Sewer Commissioners on November 8, 2005.
Attest: Mary Jane Pillsbury
Mary Jane Pillsbury, Clerk
BOARD OF SELECTMEN/SEWER COMMISSIONERS
Dated signed: November 8, 2005
Date copy sent to Wareham Free Library: November 9, 2005
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